If you’re an employer looking to hire temporary workers for non-agricultural jobs or a foreign worker interested in a short-term job in the U.S., the H-2B visa might be the right fit. This visa helps fill seasonal or short-term labor needs in industries like construction, hospitality, and landscaping. At Zepeda Law Firm, we work closely with both employers and workers to move through the visa application process with confidence. Whether you’re hiring or seeking employment, we’ll help you understand your options and stay on track with deadlines and requirements.
What Is the H-2B Visa?
The H-2B visa is for non-agricultural workers coming to the U.S. to take on temporary jobs. Unlike the H-2A visa, which covers agricultural work, the H-2B applies to jobs outside of farming—like hotel staff, amusement park workers, construction laborers, or seafood processors.
To qualify, the job must meet a temporary need. That could mean:
- A one-time project
- A seasonal role tied to a busy time of year
- A short-term increase in demand
- Filling in during a worker shortage that won’t last long
The government sets a yearly limit on the number of H-2B visas issued. This cap makes timing an important factor in the application process. Employers often compete for a limited number of slots, especially during peak seasons.
How to Qualify for an H-2B Visa
Employers and workers each have their own set of requirements. For employers, the government wants proof that the need is temporary and that there aren’t enough U.S. workers available. This starts with a temporary labor certification from the Department of Labor (DOL).
For workers, you need a job offer from a U.S. employer who has gone through the certification process. You also have to meet the qualifications for the role, and you must agree to return to your home country when your visa period ends.
The H-2B visa is typically valid for up to one year, with possible extensions. However, it’s still considered a temporary visa. Workers cannot stay permanently under this category. If you’re bringing your family, your spouse and unmarried children under 21 may apply for H-4 visas. These allow them to stay with you in the U.S., but they won’t be able to work under H-4 status.
Steps to Apply for an H-2B Visa
The H-2B process has several steps and moving parts, but it’s manageable with the right support. Here’s how it typically goes:
- The employer applies for a temporary labor certification with the DOL, showing the need for foreign workers.
- Once certified, the employer files Form I-129 with U.S. Citizenship and Immigration Services (USCIS).
- If the worker is outside the U.S., they apply for a visa at a U.S. embassy or consulate in their home country.
- The worker attends a visa interview and presents the required documentation.
There are a lot of timing issues that can come up, especially since the visa cap fills up quickly. Missing a deadline or submitting incomplete paperwork can delay the process or lead to a denial. That’s why preparation and good communication matter so much throughout each stage.
How We Can Help
At Zepeda Law Firm, we guide employers and workers through every part of the H-2B visa process. We’ll help you:
- Prepare and submit labor certification and immigration forms
- Track deadlines and ensure everything is filed on time
- Handle any questions or issues that come up during the process
- Communicate clearly with agencies like DOL and USCIS
- Stay informed about visa caps, timelines, and next steps
We tailor our services to your goals. Whether you’re a business trying to meet seasonal demand or a worker with a new job opportunity, we’ll give you the legal support you need to move forward.
Contact Our Experienced Fort Worth H-2B Visa Attorneys
If you’re thinking about applying for an H-2B visa—whether as an employer or a worker—we’re here to help. The process has multiple steps, but you don’t have to figure it all out on your own. Contact Zepeda Law Firm today to get started. We’ll walk you through the requirements and make sure you’re prepared every step of the way.